United States v. Czerwonky

I dissent.

Seldom have I seen a more speculative attempt to explain away error apparent on the face of a record. The question before us is not whether the court member was in fact disqualified or whether he deliberately concealed his knowledge of the accused’s past but whether the matter should have been made known to defense counsel in open court in order that it might be properly explored. As the basis for the comment and its possible effect on the member in his deliberations on the findings and sentence remains shrouded in doubt, I would set aside the findings and sentence. As my brothers…